BOARD DATE: 2 May 2013
DOCKET NUMBER: AR20120018535
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his social security number (SSN) as "XXX-XX-1433."
2. The applicant states the SSN recorded on his DD Form 214 is incorrectly listed as "XXX-XX-4515." He needs it corrected for veterans and social security benefits.
3. The applicant provides a copy of his DD Form 214 and social security card.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to
timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant was inducted into the Army of the United States (AUS) on 7 May 1968. At the time of his enlistment, he was assigned and identified by a service number that began with the prefix "US" for United States.
3. His records contain:
* a DD Form 47 (Record of Induction), dated 28 February 1968, which lists his SSN as "XXX-XX-1433"
* a DD Form 398 (Statement of Personal History), dated 7 May 1968, which he completed and listed his SSN as "XXX-XX-1433"
* a DA Form 20 (Enlisted Qualification Record), audited 22 May 1969, which lists his SSN as "XXX-XX-1433
* a DA Form 41 (Record of Emergency Data), reviewed on 21 October 1969, which lists his SSN as "XXX-XX-1433"
4. On 7 April 1970, he was honorably released from active duty, as an overseas returnee, and he was transferred to the U.S. Army Reserve Control Group (Annual Training). Item 3 (SSN) of his DD Form 214 lists his SSN as
"XXX-XX-4515."
5. He provides a copy of his social security card that lists his SSN as
"XXX-XX-1433."
6. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. The regulation established standardized policy for preparation of the DD Form 214. The instructions stated to verify the accuracy of the Soldier's SSN with the SSN of record.
DISCUSSION AND CONCLUSIONS:
The available evidence shows that at the time of the applicant's induction into the AUS he was assigned and identified by a service number. However, his DD Form 398, DD Form 47, DA Form 20, and DA Form 41 lists the SSN he claims is correct and is the same SSN as reflected on his social security card. It appears an administrative error occurred during the preparation of his DD Form 214 that resulted in the incorrect SSN. Therefore, it would be appropriate at this time to correct his DD Form 214 to show the SSN as shown on his social security card.
BOARD VOTE:
____X_ ____X____ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the current SSN from the applicant's DD Form 214 and replacing it with the SSN as shown on his social security card.
_______ _ X_______ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20120018535
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20120018535
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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